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Termeni şi condiţii

Art. I Introductory Provisions

1.1 These Business Terms and Conditions govern the rights and obligations of the Seller, namely the business entity Zajo Design s. r. o., with its registered office at Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic, ID: 51 695 529, registered with the Commercial Register in Trnava, Insert number 42182/T Section: Sro (hereinafter referred to as the “the Seller”) and the buyer, resulting from the purchase contract concluded between the Seller and the Buyer via the Seller's web shop www.zajo.net.

Identification and Contact Details of the Seller:

Business name: Zajo Design s. r. o.

Registered office: Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic

ID: 51 695 529

Registration: registered with the Commercial Register in Trnava, Insert number 42182/T Section: Sro

Tax no. 2120749092

VAT ID: SK2120749092

Contact Details of the Seller:

E-mail: eshop@zajo.net

Phone: +421 908 725 791

Address for correspondence: Zajo Design s. r. o., Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic

Address for claims: Zajo Design s. r. o., Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic

Address for delivery of claimed goods: Zajo Design s. r. o., Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic

Bank Connection for Non-Cash Payments to the Seller:

Name of the bank: VŠEOBECNÁ ÚVEROVÁ BANKA A.S.

IBAN: SK69 0200 0000 0042 3960 5253

BIC (SWIFT): SUBASKBX

Supervisory authority:

Slovak Trade Inspection

Inspectorate of the Slovak Trade Inspection for the Trnava region

Pekárska 23, 917 01 Trnava 1

Department of Supervision

tt@soi.sk

Tel. no.: +421/33/321 25 27

Tel. no.: +421/33/321 25 21

Fax: +421/33/321 25 23

1.2 The Parties have agreed that by sending the order to the Seller, the Buyer expresses his/her consent to the fact that these Business Terms and Conditions govern the purchase contract concluded between the Seller and the Buyer via the Seller's web shop (hereinafter referred to as “the Purchase Contract”), as well as the relationship established during or in connection with the conclusion of the Purchase Contract, or in the event of a claim for the goods sold by the Seller (hereinafter referred to as “the Goods”).

1.3 These Business Terms and Conditions form an integral part of every Purchase Contract. If the Seller and the Buyer agree in a written Purchase Contract on terms other than those established by these Business Terms and Conditions, the provisions of such written Purchase Contract take precedence over these Business Terms and Conditions.

1.4 The Seller and the Buyer have agreed that if the obligation relationship established between them by concluding the Purchase Contract or arising between them in connection with the conclusion of the Purchase Contract contains a foreign element (e.g., the Buyer is a citizen of a country other than the Slovak Republic), then such relationship is governed by the laws of the Slovak Republic.

1.5 The Seller and the Buyer have agreed that for the negotiation and decision on disputes arising between them in connection with the obligation relationship established between them by concluding the Purchase Contract or in connection with the obligation relationship that came to exist between them in connection with the conclusion of the Purchase Contract, if such relationship contains a foreign element, the courts of the Slovak Republic shall be competent and have the relevant jurisdiction.

1.6 These Business Terms and Conditions apply to the Buyer who is a consumer in accordance with Section 2(a) of Act no. 250/2007 Coll. on consumer protection, as amended. Legal relations between the Seller and the Buyer, who is a consumer, not regulated by these Business Terms and Conditions, are governed by the relevant legal regulations, in particular by the provisions of the Civil Code, Act no. 22/2004 Coll. on electronic commerce and on the amendment and supplementation of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment and supplementation of certain laws as amended by Act no. 284/2002 Coll., as amended, Act no. 250/2007 Coll. on consumer protection and amending Act of the Slovak National Council No. 372/1990 Coll. on offences as amended and Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and supplementation of certain laws as amended and Act 391/2015 Coll. on alternative resolution of consumer disputes and on the amendment and supplementation of certain laws.

1.7 These Business Terms and Conditions, except for the provisions of Article VI and Article VII, also apply to the Buyer who is not a consumer. Legal relations between the Seller and the Buyer who is not a consumer, not regulated by these Business Terms and Conditions, are mainly governed by the relevant provisions of Act no. 513/1991 Coll., the Commercial Code as amended, and Act No. 22/2004 Coll. on electronic commerce and on the amendment and supplementation of Act no. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on the amendment and supplementation of certain laws as amended by Act no. 284/2002 Coll., as amended.

1.8 If the Buyer states the ID number in the order, it is considered that the Buyer is not a consumer and does not act as a consumer when concluding the Purchase Contract.

Art. II Procedure for Concluding the Purchase Contract

2.1 When concluding the Purchase Contract, the Buyer proceeds by selecting the Goods he/she is interested in buying in the Seller's web shop and placing them in the “Shopping cart” by clicking on the “Add to cart” button. Subsequently, by selecting the appropriate button, the Buyer decides whether to continue with the purchase or go to the “Shopping cart”.

2.2 After completing the selection of the Goods, the Buyer goes (for example, by clicking on the shopping cart icon in the upper right part of the Seller's website) to the “Shopping cart” where he/she can check, confirm, change or cancel the ordered Goods and their quantity. The shopping cart mainly contains information about the type, basic description, quantity and price of the ordered Goods.

2.3 After confirming the contents of the “Shopping cart” by pressing the “Continue to checkout” button, the Buyer is redirected to the “Shopping cart”, where he/she can choose one of the methods of delivery of the Goods and one of the payment methods. Subsequently, after pressing the “CONTINUE TO PERSONAL DATA” button, fields for filling in the Buyer's identification, contact and invoicing data will be displayed. On this page, the Buyer is obliged to indicate or select or confirm, in particular, the Buyer's first and last name, the Buyer's postal and billing address, the Buyer's phone number, the Buyer's e-mail address and, in the case of legal entities, the Buyer's ID number and VAT number. On this page, the Buyer can create his/her registration and use his/her saved identification data for further orders, which can be accessed by logging in to the page and entering a password. The Buyer is obliged to always provide complete, true and correct data on the Seller's website. The Buyer is obliged to fill in all the data required by the site. Then, by pressing the “CONTINUE TO SUMMARY” button, the Buyer goes to the order summary page. The Buyer can also use a discount coupon when summarising the order.

2.4 In the summary of the order, all the data entered by the Buyer will be displayed on one page and the Buyer is obliged to check them carefully. On this page, after clicking on the phrase “Business Terms and Conditions” in the sentence “I agree to the Business Terms and Conditions”, the current Business Terms and Conditions of the Seller will be opened for the Buyer. If all the data on the page are correct and the Buyer has familiarised him-/herself with and agrees to the Business Terms and Conditions which he/she confirms by checking the empty box before the sentence “I agree to the Business Terms and Conditions”, and the Buyer is interested sending a binding order, the Buyer clicks on the button “CONFIRM ORDER WITH PAYMENT OBLIGATION”. By sending the order, the Buyer also expresses his/her agreement with the Business Terms and Conditions and with the processing of personal data, otherwise the order is rejected and the payment will not take place.

2.5 By clicking on the “CONFIRM ORDER WITH PAYMENT OBLIGATION” button, the order is sent and it is no longer possible to modify it. The Buyer has the right to cancel the order according to point 2.16 of these Business Terms and Conditions. The Buyer can view the order creation procedure graphically HERE.

2.6 Before sending the order, the Buyer is entitled to perform the actions and use the technical means described in Art. II and Art. III of these Business Terms and Conditions.

2.7 The order sent to the Seller is a proposal to conclude the Purchase Contract under the contractual terms and conditions according to these Business Terms and Conditions. The order is intended for the Seller to be accepted by the Seller within 15 days from its delivery to the Seller.

2.8 The Seller is obliged to confirm the delivery of the order to the Buyer immediately after its delivery to the Seller. Such a confirmation of order delivery is indicated with the words “Thank you for your order” or a similar wording and is not a confirmation of binding acceptance of the order according to point 2.9 of these Business Terms and Conditions, and upon its acceptance by the Buyer, the Purchase Contract is not yet considered concluded. The confirmation according to this point is only informative for the purpose of notifying the Buyer about the delivery of his/her order to the Seller; the content of the confirmation will include the identification data of the Seller and the Buyer, the type, quantity and price of the ordered Goods, the selected method, price and place of delivery of the Goods, the selected method of payment for the Goods, as well as the total price of the Goods together with the cost of transport. However, if the confirmation according to this point also contains the text “Confirmation of binding acceptance of the order” or other text from which it is clear that the confirmation according to this point is also a confirmation of binding acceptance of the order, this confirmation is also considered a Confirmation of binding acceptance of the order according to point 2.9 of the Business Terms and Conditions; in such a case, the confirmation also contains the requirements according to the second sentence of point 2.9 of the Business Terms and Conditions.

2.9 The Purchase Contract between the Seller and the Buyer is created by the Seller's binding acceptance of the Buyer's order, which the Seller will confirm by sending an email message to the Buyer's address; such message having the following content: “WE HAVE RECEIVED YOUR ORDER NO...”. The body of the message will contain the identification data of the Seller and the Buyer, the type, quantity and price of the ordered Goods, the selected method, price and place of delivery of the Goods, the estimated date of delivery of the Goods, the chosen method of payment for the Goods, as well as the total price of the Goods together with the cost of transport; these Business Terms and Conditions, contract withdrawal form and claims form shall form an attachment to the email message. If necessary, all other information related to his/her order will be sent to the Buyer's email address.

2.10 Before the binding acceptance of the Buyer's order by the Seller, the Seller (depending on the nature of the order and the ordered Goods) is entitled, at his/her own discretion, to ask the Buyer for additional confirmation of the order, or to contact the Buyer in connection with the processing of the order (e.g., by phone or email).

2.11 The list of the Goods in the Seller's web shop is a list of Goods normally supplied by the Seller, but the Seller does not guarantee the immediate availability of all Goods according to the list. Information about the availability of the Goods on the Seller's website is informative in nature.

2.12 The Seller is entitled to reject the order and not deliver the ordered Goods to the Buyer if the Buyer provided incorrect or misleading data when creating the order or if, due to the stock being sold out or the Goods not being available, the Seller is unable to deliver the Goods to the Buyer within the period determined by these Business Terms and Conditions or at the price stated in the web shop, if the Seller and the Buyer did not agree on a substitute payment.

2.13 The Seller is entitled to reject the order and not deliver the ordered Goods to the Buyer also in case the Buyer has violated the terms of another Purchase Contract with the Seller in the past.

2.14 The Buyer will be notified of the rejection of the order by email. If the Buyer has paid the purchase price or its part before rejecting the order, the Seller will return the amount paid to the Buyer within 14 days to the account designated by the Buyer, unless otherwise agreed with the Buyer.

2.15 The Seller is entitled to withdraw from the Purchase Contract if the Buyer provided incorrect or misleading information when creating the order or if, due to stock out, unavailability of the Goods or force majeure, the Seller is unable to deliver the Goods to the Buyer within the time period specified by these Business Terms and Conditions or at the price which is listed in the web shop and if the Seller cannot be fairly required to deliver the Goods within the period specified by these Business Terms and Conditions or at the price listed in the web shop. In such cases, the Seller can agree with the Buyer on alternative performance. In the event of withdrawal from the Purchase Contract by the Seller, the Seller will return to the Buyer all payments received in connection with the Purchase Contract within 14 days of withdrawal from the Purchase Contract.

2.16 The Buyer has the right to cancel the order free of charge, within two hours of placing the order and if the products have not yet been shipped. The order can be cancelled in writing (by email at eshop@zajo.net). The Buyer is obliged to state the order number, name, email and description of the ordered Goods in the order cancellation notification. Confirmation of the cancellation of the order will be provided by the Seller to the Buyer in writing (by email or post). In this case of order cancellation, the Seller does not charge the Buyer with any fees related to order cancellation. The Seller will return the already paid purchase price or its part to the Buyer within 7 days by non-cash transfer to the bank account specified by the Buyer, unless the Parties agree otherwise. The provisions of this point do not affect the rights of the Buyer to withdraw from the Purchase Contract according to Article VI of these Business Terms and Conditions.

2.17 The data in the invoice for the delivery of the Goods cannot be changed after the price of the Goods has been paid, or after the Goods have been received by the Buyer.

2.18 The concluded Purchase Contract is archived by the Seller in electronic form for a period of six years and is accessible to the Buyer upon request.

2.19 In the event that the Goods become unavailable during the processing of the order (sending the Goods to the Buyer), the Seller has the option to withdraw from the contract (cancel the order) without giving a reason. The Seller shall immediately notify the Buyer about the cancellation of the order by email.

Art. III Payment for Goods

3.1 All prices for Goods and services and all fees in the Seller's web shop are final, stated in Euro (EUR) and inclusive of VAT. However, if the Buyer provided incorrect or incomplete information (for example, an incorrect address) in the order form, the final price may be increased by the costs caused by such incorrectness or incompleteness.

3.2 The Buyer is obliged to pay the price for the ordered Goods according to the accepted order. Together with the price of the Goods, the Buyer is obliged to pay the price of the delivery of the Goods, all according to the accepted order. Before the final dispatch of the order, the Buyer is informed of the total price of the Goods, including VAT, and all other fees related to the delivery of the Goods to the Buyer.

3.3 The purchase price of the Goods does not include the fees of the Buyer's bank for payment of the purchase price or the costs of using electronic means for communication by the Buyer. These fees and costs must be paid by the Buyer, based on the Buyer's relationship with the bank and based on the Buyer's relationship with the internet service provider.

3.4 The Buyer can pay the purchase price for the Goods and any costs associated with the delivery of the Goods and payment for the Goods according to the Purchase Contract to the Seller depending on the chosen mode of transport or takeover in the following ways:

a) cashless payment via payment card during the order process (no fee, but the Buyer pays the fees of his/her bank)

b) by non-cash transfer to the Seller's IBAN account: SK69 0200 0000 0042 3960 5253, BIC: SUBASKBX (no charge, but the Buyer pays the fees of his/her bank) in exceptional cases when it is not possible to fairly demand that the Buyer pay by payment card for the Goods, he/she ordered. The Seller, after being prompted by the Buyer by email enquiry or telephone request, creates an advance invoice and sends it to the Buyer at his/her email contact; subsequently, the Buyer makes a payment for the ordered Goods, to which he/she assigns the variable symbol indicated in the advance invoice. In this case of the payment method by cashless transfer to the Seller's account, the Buyer cannot independently send the purchase price for the Goods generated in the Shopping cart to the specified number of the Seller's account without an advance invoice.

3.5 In the case of non-cash payment by bank transfer, the purchase price is payable within 3 days of sending the preliminary invoice to the Buyer's email address. In the case of non-cash payment by bank transfer, the Buyer is obliged to pay the purchase price of the Goods, including the delivery price, along with the indication of the variable payment symbol according to the sent invoice. In the case of non-cash payment by bank transfer, the purchase price is considered paid by crediting the relevant amount to the Seller's account.

3.6 If the Buyer does not pay the purchase price on time, the Purchase Contract is terminated.

3.7 The original price (as a rule displayed on the website as part of information about the discount as crossed out) means the lowest price for the last 30 days before the discount, for which the Seller offered the Goods in question in its web shop. The calculation of the original price does not take into account individual price discounts and price discounts that are not included directly in the current selling price of the given Goods (that is, they are not provided automatically and across the board such as e.g., discount codes). The original price calculated in this way remains valid even if the Goods are discounted progressively several times.

3.8 The Seller is entitled to reject the order and/or withdraw from the Purchase Contract after the conclusion of the Purchase Contract, if the Buyer orders the Goods at a price published by mistake due to an error in the seller's internal information system or a mistake by the Seller's staff.

3.9 By paying for the Goods, the Buyer also expresses his/her consent to the fact that the proof of purchase of the Goods (invoice) will be sent to him/her in electronic form to his/her email address specified in the order, unless the Seller and the Buyer have agreed otherwise in a separate agreement.

3.10 Unless otherwise stated in these Business Terms and Conditions, the Seller will send the Buyer the invoice after sending the Goods to the Buyer.

Art. IV Supply of Goods

4.1 The Seller delivers the Goods exclusively to the countries that can be selected from the list of countries for delivery in the process of creating an order. Buyers from other member states of the European Union, after agreement with the Seller, can pick up the ordered Goods in any store of the Seller that allows it, or after agreement with the Seller, the Goods can be delivered to the place specified by the Buyer within the list of countries to which the Seller delivers the Goods.

4.2 Method of delivery or takeover of the Goods is chosen by the Buyer in the process of compiling the order for the Goods. In the process of creating the order, the Buyer can choose the method of delivery of the Goods to his/her address via a courier service in the territory of Romania; the shipping price is listed in the cart summary for each order; shipping is always included with any order; this does not affect the provisions of point 4.1 of these Business Terms and Conditions. When delivering the Goods to the Buyer, the courier will inform the Buyer before the delivery of the Goods via the email address and/or phone number of the Buyer specified in the order form about the time of delivery. Another delivery method is for the Buyer to pick up the Goods at the post office from the generated list of post office addresses by selecting the address of the post office.

4.3 The Seller is obliged to deliver the Goods to the place specified in the shopping cart in the order section no later than thirty days from the conclusion of the Purchase Contract. The Goods that are in the Seller's warehouse are usually delivered within 6-9 working days; in the case of a longer delivery time, the Seller will inform the Buyer about this fact without delay. In the event that the delivery period of the Goods should be longer than thirty days, the Seller will send the Buyer an email with a request to agree to such a delivery period: if the Buyer does not agree to such a delivery period, the Seller has the option to reject the order or withdraw from the Purchase Contract. The Seller will inform the Buyer about the delivery date by email.

4.4 The Buyer is obliged to accept the delivered Goods even before the expiry of the period according to point 4.3 of these Business Terms and Conditions and to confirm the acceptance of the Goods in writing. If the Buyer does not accept the delivered Goods, or refuses to confirm their acceptance, the Seller is entitled to withdraw from the Purchase Contract immediately; at the same time, the Seller is entitled to claim compensation for the incurred damage in the amount of the actual costs of the attempted unsuccessful delivery of the order.

4.5 If, for reasons on the part of the Buyer, it is necessary to deliver the Goods repeatedly or in a different way than was stated in the order, the Buyer is obliged to reimburse the Seller for the costs associated with repeated delivery of the Goods, or costs associated with another delivery method or the cost of storing the Goods.

4.6 When taking over the Goods from the carrier or delivery service, the Buyer is obliged to immediately check the integrity of the packaging of the Goods and, in the event of any damage to the packaging, to notify the carrier of this fact and inspect the Goods in the presence of the carrier, and in the event of damage to the Goods or other defects of the Goods, to prepare a written document and have it signed by a representative of the carrier or delivery service.

4.7 In the event of detection of a violation of the packaging indicating an unauthorised intrusion into the shipment of Goods, the Buyer does not have to take over the shipment from the carrier or delivery service.

4.8 By signing the delivery note without specifying reservations, the Buyer confirms that the shipment of the Goods met all conditions and requirements, and that any later claim regarding the violation of the packaging of the shipment of the Goods cannot be taken into account.

4.9 The Seller is entitled to verify the identity of the Buyer or the person authorised to collect the Goods during the personal collection of the Goods, in cases where the purchase price of the Goods was paid by the Buyer in advance by card or non-cash bank transfer.

Art. V Ownership of the Goods and Risk of Damage to the Goods

5.1 Ownership of the Goods is transferred to the Buyer only after full payment of the purchase price for the Goods, but never before the Buyer takes over the Goods.

5.2 The risk of damage to the Goods passes to the Buyer when the Buyer takes over the Goods from the Seller or from the carrier or, if he/she does not do so in time, then at the time when the Seller allows the Buyer to handle the Goods and the Buyer is delayed in taking over the Goods.

Art. VI Withdrawal from the Purchase Contract

6.1 The Seller instructs the Buyer that the Buyer, who is a consumer, has the right to withdraw from the Purchase Contract without giving a reason under the conditions regulated by Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment and supplementation of certain laws (hereinafter referred to as “the Act on Consumer Protection in the Sale of Goods”), within 14 days from the day of receipt of the Goods.

6.2 The Buyer, who is a consumer, has the right to withdraw from the Purchase Contract without giving a reason within 14 days of receiving the Goods. The Goods are considered to be taken over by the Buyer at the moment when:

a) the Buyer or a third party designated by the Buyer, with the exception of the carrier, will take over all parts of the ordered Goods;

b) the Goods ordered by the Buyer in one order are delivered separately, at the moment when the Buyer or a third party designated by the Buyer, with the exception of the carrier, takes over the Goods that were delivered last;

c) the Goods consisting of several parts or pieces are delivered, at the moment when the Buyer or a third party designated by the Buyer, with the exception of the carrier, takes over the last part or piece of the Goods;

d) if the Goods are delivered repeatedly during the defined period, at the moment when the Buyer or a third party designated by the buyer, with the exception of the carrier, takes over the Goods delivered first.

6.3 The Buyer, who is a consumer, can withdraw from the Purchase Contract, the subject of which is the delivery of the Goods, even before the expiry of the period for withdrawal from the Purchase Contract.

6.4 The Buyer is not entitled to withdraw from the Purchase Contract, the subject of which is:

a) the sale of the Goods produced according to the special requirements of the Buyer, Goods made to measure, or Goods intended specifically for one Buyer,

b) the sale of the Goods that are subject to rapid deterioration or spoilage,

c) the sale of the Goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery (for example, underwear),

d) sale of the Goods which, due to their nature, may be inseparably mixed with other goods after delivery (e.g., detergents).

6.5 When exercising the right to withdraw from the contract, the Buyer is obliged to inform the Seller of his/her decision to withdraw from the Purchase Contract by means of a clear statement (for example, by letter sent by post, fax or email) sent to one of the Seller's contact addresses, which are listed at the beginning of these Business Terms and Conditions when identifying the Seller.

6.6 For the purpose of withdrawing from the Purchase Contract, the Buyer can also use a sample form, which the Buyer can download HERE; if the Buyer intends to withdraw from the Purchase Contract, the Buyer is obliged to send the completed sample form to the Seller at the email address eshop@zajo.net or by post. If the Buyer withdraws from the Purchase Contract by filling out and sending the form to the Seller's email address, the Seller will immediately confirm the acceptance of the notice of withdrawal to the Buyer by email.

6.7 The deadline for withdrawing from the Purchase Contract is preserved if the Buyer sends a notice of the exercise of the right to withdraw from the Purchase Contract to the Seller before the deadline for withdrawing from the Purchase Contract.

6.8 The Buyer is obliged to deliver or send the received Goods packed in the original packaging and together with all the documentation received together with the Goods (leaflets, instructions for use, proof of purchase, invoice, etc.) to the following address of the seller: Zajo Design s. r. o., Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic no later than 14 days from the date of exercising the right to withdraw from the Purchase Contract. The deadline is considered to have been met if the Buyer delivers or sends the Goods in accordance with this point to the address specified by the Seller before the expiration of the 14-day period according to the previous sentence. The Seller recommends insuring the transportation of the Goods. The Seller does not accept cash on delivery shipments and shipments with the need to pay customs duties and fees.

6.9 The direct costs of returning the Goods, as well as the direct costs of returning the Goods which due to their nature cannot be returned by post, are borne by the Buyer; these costs cannot be determined in advance. The expected estimate of these costs depends on the type and quantity of the Goods and on the distance from which the returned Goods will be transported.

6.10 In the case of returned Goods, the Buyer is only responsible for the decrease in the value of the Goods as a result of handling them in a way other than necessary in order to determine the nature, properties and functionality of the Goods (the Buyer is entitled to try the Goods in the same way as in a “brick and mortar store”, but not to use them). In the event that the Buyer withdraws from the Purchase Contract in accordance with point 6.2 of these Business Terms and Conditions and delivers to the Seller the Goods that are used and/or damaged and/or incomplete, and/or the value of the Goods in question is reduced as a result of such handling of the Goods that is beyond the scope of the treatment necessary to determine the properties and functionality of the Goods, the Seller is entitled to compensation from the Buyer in the amount of the value of repairing the Goods and restoring the Goods to their original condition or the Seller has the right to demand from the Buyer reimbursement of the reduction in the value of the Goods.

6.11 In the event of withdrawal from the Purchase Contract, the Seller is obliged to return to the Buyer all payments made by the Buyer in connection with the conclusion of the Purchase Contract, in particular the purchase price, including the costs of delivering the Goods to the Buyer, but excluding additional costs if the Buyer has chosen a different type of delivery than the cheapest common delivery method offered by the Seller. Additional costs mean the difference between the costs of delivery chosen by the Buyer and the costs of the cheapest common delivery method offered by the Seller. The Seller is obliged (with the exception of the case according to clause 6.12 of these Business Terms and Conditions) to return the payments to the Buyer without undue delay, no later than 14 days from the day when the Seller received the notice of withdrawal from the Purchase Contract. The Seller is obliged to make the payment in question in the same way that the Buyer used when paying for the Goods; the Seller can also agree with the Buyer on another method of refunding the payment; the Buyer may not be charged any payments in connection with such another method.

6.12 If the Seller has already sent the Goods to the Buyer, the Seller is obliged to return the payments to the Buyer without undue delay, no later than 14 days from the day of returning the Goods to the Seller or after presenting a valid document proving that the Goods have been sent back to the Seller's address, whichever occurs first.

Art. VII Claims – Claims Procedure

7.1 This claims procedure applies to the Goods purchased by the Buyer, who is a consumer, from the Seller through the Seller's web shop.

7.2 A claim means the application by the Buyer for the Seller's liability for defects in the Goods. The Buyer is obliged to file a claim with the Seller without delay in accordance with the valid claims procedure.

7.3 The Buyer must send the claim regarding the Goods to the Seller to one of the following addresses:

e-mail: eshop@zajo.net

Postal address: Zajo Design s. r. o., Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic.

7.4 The Buyer is obliged to deliver the claimed Goods to the following address for processing the claim:

Zajo Design s. r. o., Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic.

7.5 The Buyer is obliged to deliver the claimed Goods to the Seller without mechanical damage, clean, if possible, in the original packaging, including manuals, warranty card and invoice or other proof of payment.

7.6 The processing of claims is subject to the valid Claims Policy published on the Seller's website, which is also the content of this Article VII. By sending the order to the Seller, the Buyer confirms that he/she has read the Claims Policy and agrees with it in its entirety, and at the same time confirms that he/she has been properly informed about the conditions and method of complaining about the Goods, including information on where the claim can be made, and about the performance of warranty repairs in accordance with Section 18(1) of Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offences as amended (hereinafter referred to as “the Act”).

7.7 The Buyer has the right to claim a warranty from the Seller only if the Goods that show defects caused by the manufacturer, supplier or the Seller, are covered by the warranty and were purchased from the Seller.

7.8 The Buyer is obliged to inspect the Goods upon receipt of the Goods. If the Buyer fails to do so, the Buyer can make claims for defects detectable during such inspection, only if he/she proves that the Goods already had these defects at the time of their receipt.

7.9 If it is a defect that can be removed, the Buyer is entitled to have it removed free of charge, on time and properly. The Seller is obliged to remove the defect without undue delay. Instead of removing the defect, the Buyer can demand the replacement of the item or, if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the Seller considering the price of the Goods or the severity of the defect. The Seller can always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious difficulties for the Buyer.

7.10 If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the Buyer has the right to have the item exchanged or to withdraw from the Purchase Contract. The same rights belong to the Buyer if the defects can be removed, but if the Buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. If there are other irreparable defects, the Buyer has the right to a reasonable discount from the price of the item.

7.11 The warranty period is 24 months (unless a different warranty period is specified for specific cases) and commences on the day the Goods are received by the Buyer. For Goods sold at a lower price due to a defect, the Seller provides a warranty period of 24 months, while the warranty does not apply to defects for which the price was reduced; such defects must be stated in the Purchase Contract.

7.12 After starting the claims procedure, the warranty period is interrupted until the day of notification of the result of the claim.

7.13 The warranty does not cover defects caused by using the product contrary to its intended use, mechanical wear or wear from normal use.

7.14 All warranty repairs are free of charge provided the right to apply the warranty according to point 7.24 of these Business Terms and Conditions has not expired before the time of the application.

7.15 If the Goods show defects, the Buyer has the right to file a claim at the Seller's establishment in accordance with Section 18(2) of the Act, by delivering the Goods to the Seller's premises at the address Zajo Design s. r. o., Ul. 29. augusta 1646/6, 924 01 Galanta, Slovak Republic, filling out the claim form (which the Buyer can download HERE) and delivering it to the Seller. In the form, the Buyer is obliged to indicate the exact type or manifestations and scope of the product defects.

7.16 The Goods claims procedure begins on the day when all the following conditions are met:

a) delivery of a properly completed claim form from the Buyer to the Seller,

b) delivery of the claimed Goods from the Buyer to the address specified by the Seller in this Claims Policy.

The beginning of the claims procedure is also the day of application of the claim.

7.17 The Seller or a designated person will issue a confirmation of the application of the claim with regard to the Goods to the Buyer in a suitable form chosen by the Seller, e.g., in the form of an email or in writing, in which the Seller is obliged to accurately indicate the defects in the Goods in accordance with section 18(5) of the Act and instruct the Buyer about his/her rights arising from the provisions of Sections 622 and 623 of the Civil Code. If the claim is made via means of remote communication, the Seller is obliged to deliver the confirmation of the claim to the Buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, but at the latest together with a document on the processing of the claim; confirmation of the application of the claim does not need to be delivered if the Buyer has the opportunity to demonstrate filing of the claim in another way.

7.18 On the basis of the Buyer's decision as to which of the Buyer's rights in accordance with Sections 622 and 623 of the Civil Code to apply, the Seller or a designated person is obliged to determine the method of processing the claim according to Section 2(m) of the Act immediately, in more complex cases within 3 days from the start of the claims procedure, in justified cases, especially if a complex technical evaluation of the condition of the Goods is required, no later than 30 days from the date of the start of the claims procedure. After determining the method of processing the claim, the Seller or the designated person will process the claim immediately, in justified cases the claim can also be processed later. However, the processing of the claim must not take longer than 30 days from the date of filing the claim. If the subject of the claim is taken over by the Seller on a later day than on the day of filing the claim, the time limits for processing the claim according to this point commence from the day of taking over the claimed Goods by the Seller; however, at the latest from the moment when the Seller makes it impossible or prevents the taking over of the claimed Goods. After the expiry of the deadline for processing the claim, the consumer has the right to withdraw from the Contract or has the right to exchange the Goods for new goods. The consumer is entitled to withdraw from the Contract validly after the expiry of the deadline for processing the claim only if the defect in the Goods actually exists. The Seller informs the Buyer about the end of the claims procedure and the result of the claim in the form agreed between the Parties (email and registered letter) and at the same time the claims protocol will be delivered to the Buyer together with the Goods.

7.19 If the Buyer made a claim regarding the Goods within the first 12 months from the conclusion of the Purchase Contract, the Seller can process the claim by rejecting it only on the basis of an expert's statement or an opinion issued by an authorised, notified or accredited person, or the opinion of a designated person (hereinafter referred to as “the Expert Assessment of the Goods”). Regardless of the result of the Expert Assessment, the Seller cannot require the Buyer to pay the costs of the Expert Assessment of the Goods or other costs related to the Expert Assessment of the Goods. The Seller is obliged to provide the consumer with a copy of the Expert Assessment justifying the rejection of the claim no later than 14 days from the day on which the claim was processed.

7.20 If the Buyer made a claim about the product after 12 months from the conclusion of the Purchase Contract and the Seller rejected it, the person who processed the claim is obliged to indicate in the claim processing document to whom the Buyer can send the Goods for Expert Assessment. If the Buyer sends the Goods for Expert Assessment to the designated person specified in the claim document, the costs of the Expert Assessment of the Goods, as well as all other related costs, are borne by the Seller, regardless of the result of the Expert Assessment. If the Buyer proves the Seller's responsibility for the claimed defect in the Goods through a professional assessment, he/she can resubmit the claim; the warranty period does not run during the Expert Assessment of the Goods. The Seller is obliged to reimburse the Buyer within 14 days from the date of the renewed claim all costs incurred for the Expert Assessment of the Goods, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.

7.21 The Buyer does not have the right to apply the warranty for defects of which the Seller notified the Buyer at the time of the conclusion of the Contract or of which, taking into account the circumstances under which the Purchase Contract was concluded, the Buyer must have known.

7.22 The Seller is obliged to process the claim and end the claims procedure in one of the following ways:

a) by handing over the repaired Goods,

b) by exchanging the Goods,

c) by returning the purchase price of the Goods,

d) by paying a reasonable discount on the price of the Goods,

e) by a written invitation to take over the performance determined by the Seller,

f) by a justified rejection of the Goods claim.

7.23 The Buyer's right to use the warranty with the Seller expires:

a) by not presenting the proof of payment, delivery note or warranty note, accessories or product documentation,

b) upon expiry of the warranty period of the Goods,

c) as a result of mechanical damage to the Goods caused by the Buyer,

d) by using the Goods in conditions for which the Goods are not intended,

e) by neglecting the care for the Goods.

7.24 The Seller is obliged to issue a written document to the Buyer about the method used for determining the method of settlement of the claim and of the settlement of the claim no later than 30 days from the date of filing the claim, but no later than together with the document of settlement of the claim, if the deadline for its settlement commenced on the date of receipt of the claimed Goods by the Seller, through postal or courier or delivery service provider, or via email.

7.25 The Buyer is obliged to take over the Goods no later than one month from the delivery of the written document on the processing of the claim. If the Buyer fails to do so, he/she is obliged to pay the Seller a storage fee. The amount of the storage fee will be indicated in the document on the processing of the claim.

7.26 The Buyer is entitled to send his/her other claims, complaints and suggestions related to the Seller or the services or goods provided by the Seller to the email address eshop@zajo.net; the provisions of this Article shall apply mutatis mutandis to their settlement.

7.27 In the event that the Buyer exchanges the Goods because the Goods were ordered incorrectly (e.g., the Buyer is interested in a T-shirt of a different colour than he/she ordered, or in a different size; therefore, the Buyer does not exchange the Goods due to defects in the Goods and the Buyer has not withdrawn from the Purchase Contract either), then the Buyer pays all costs for the exchange of the Goods and the Buyer is not entitled to a refund of postage.

7.28 The Buyer - consumer is entitled to use an alternative method of dispute resolution, by turning to the Seller with a request for remedy and, in the event that the Buyer was not satisfied with the way in which the Seller processed his/her claim or if he/she believes that the Seller violated his/her rights, the Buyer may contact the Seller with a request for correction. If the Seller rejects the request for remedy or does not respond to the request within 30 days from the date of its dispatch, the Buyer has the right to submit a proposal for commencement of an alternative resolution of his/her dispute according to the provisions of Section 12 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes and on the amendments to certain laws. The competent entity for alternative resolution of consumer disputes with the Seller is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, www.soi.sk or another relevant authorised legal entity registered in the list of entities for alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list of such entities can be obtain on the website www.mhsr.sk); the Buyer has the right to choose which of the listed entities for alternative resolution of consumer disputes to turn to.

7.29 The Buyer is entitled to use the online dispute resolution platform (hereinafter referred to as the “RSO”) to resolve his/her disputes, in the language of his/her choice. The Buyer can use the RSO platform for an alternative resolution of his/her dispute, which is available on the website http://ec.europa.eu/consumers/.... When submitting a submission to the RSO platform, the Buyer fills out an electronic complaints form. The information submitted by the Buyer must be sufficient to determine the relevant online alternative dispute resolution entity. The Buyer can attach documents to support his/her complaint.

Art. VIII Common Provisions

8.1 The Seller is entitled not to publish reviews of the Goods that are not related to the Goods in question, contain inappropriate terms, are at the Seller's discretion untrue, refer to other websites or materials, or in any other way damage the Seller's name or reputation.

8.2 The Parties have agreed that they will communicate with each other mainly through email messaging, or by mail.

8.3 By sending the order, the Buyer confirms that the Seller has informed him/her of all the information according to Section 3(1) of Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws as amended.

8.4 For the purposes of these Business Terms and Conditions, the Seller's website means the website www.zajo.net. For the purposes of these Business Terms and Conditions, the Seller's web shop or the Seller's electronic store means the Seller's web shop on the website www.zajo.net.

8.5 For the purposes of the Purchase Contract, the consumer means the consumer as defined in Act no. 250/2007 Coll. on consumer protection and on the amendment of the Act of the Slovak National Council No. 372/1990 Coll. on offences, as amended.

8.6 The Purchase Contract is a contract concluded for a fixed period, until all obligations of the Parties resulting from the Purchase Contract have been fulfilled. The Buyer's obligations resulting from the Purchase Contract shall exist during the validity of the Purchase Contract, but at the longest until their fulfillment.

8.7 The Purchase Contract is concluded in the Slovak language.

8.8 The Purchase Contract will be stored with the Seller in electronic form for a period of six years and is available to the Buyer upon request during this period.

8.9 The Buyer is aware that the purchase of the Goods from the Seller does not give him/her any rights to use the registered marks, trade names or patents of the Seller or other companies, unless otherwise expressly agreed in writing.

8.10 The Buyer is entitled to deliver complaints and suggestions to the Seller at eshop@zajo.net.

8.11 The Seller has taken appropriate measures to process personal data in accordance with Act no. 18/2018 Coll. on the protection of personal data and according to the GDPR regulation. The Buyer confirms that he/she is familiar with the processing of his/her personal data in accordance with the rules, which can be found at the following link: Personal data protection.

Art. IX Final Provisions

9.1 The Seller reserves the right to amend these Business Terms and Conditions. The obligation to notify in writing of changes in these terms and conditions is considered to be fulfilled by displaying the new wording of the Business Terms and Conditions in the Seller's web shop.

9.2 If the Purchase Contract is concluded in written form, any change to it must be in written form.

9.3 These Business Terms and Conditions become effective for the Buyer upon sending of the electronic order by the Buyer.

9.4 The Seller is not liable to the Buyer for lost profit, loss of opportunities, or other indirect or consequential losses as a result of non-fulfillment of the order, breach of the Contract or incurred in any other way.

9.5 The Seller reserves the right to set off its due receivables from the Buyer when placing a new order in the event that the Buyer has not fulfilled his/her obligations to the Seller in the past.

9.6 By sending the order, the Buyer confirms that he/she has read these Business Terms and Conditions, which also include the Claims Policy, in their entirety, understood their meaning, and agrees with them in their entirety.

Previous versions of the Business Terms and Conditions:

Business conditions valid until 22.06.2023.pdf

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